Frugopolis asked: What is the proper side to pass a bus stopped at a bus stop? Sometimes they stop in the lane of traffic leaving the shoulder open for me to pass on the right, but departing bus passengers are a hazard. Likewise, passing on the left requires riding into the lane of traffic.

Answer

Passing should be accomplished on the left except when passing on the right is specifically allowed.

s. 316.083 – Overtaking and Passing a Vehicle

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance.

s. 316.084 – When Overtaking on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

The statute goes on to state,

(2) …. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

That does not account for the fact that bicyclists are permitted to leave the roadway and use the paved shoulder.  It would appear that cyclists can pass on the right on a paved shoulder when a motorist is prohibited from doing so.

The paved shoulder is not part of the roadway.

s. 316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

An overtaking driver must always use caution.

s. 316.084 (Continued)

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety.

The statutes seem to permit bicyclists to overtake and pass either on the left in the roadway, or on the right using the shoulder.  The burden for safety in either case is on the overtaking driver, in this case the cyclist.

One last word of caution has to do with passing a vehicle stopped at a crosswalk.

s. 316.130 – Pedestrians, Traffic Regulations

(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Other conditions are imposed on passing as described in this post:

http://flbikelaw.org/2010/02/passing-with-oncoming-bicycles/

Herman asked:  Is there a minimum width requirement for a bike lane to be a bike lane?

Answer

Generally, a bike lane on a curb and gutter roadway is four feet wide, not including the gutter pan.   On a flush shoulder roadway (No curb) it is five feet wide for new construction, but can be four feet for repaved roadways.

Florida Department of Transportation

Plans Preparation Manual

8.4.1 Bicycle Lanes

Where required by Table 8.1.1, a bicycle lane shall be provided for each direction of travel on the roadway. Bicycle lanes shall be marked in accordance with Design Standards and the MUTCD.

On curb and gutter roadways, a 4-foot minimum bicycle lane width measured from the lip of the gutter is required. This provides for a 5.5-foot width to the face of curb when FDOT Type F curb and gutter is used. The 1.5-foot gutter width should not be considered as part of the rideable surface area, but this width provides useable clearance to the curb face. A minimum width of 5 feet shall be provided when the bicycle lane is adjacent to on-street

parking, a right-turn lane, guardrail or other barrier.

On flush shoulder roadways, the paved shoulder described in Section 8.4.2 should be marked as a bicycle lane in or within 1 mile of an urban area.

Where parking is present, the bicycle lane shall be placed between the parking lane and the travel lane and have a minimum width of 5 feet. If the parking volume is substantial or the turnover is high, an additional 1 to 2 feet of width should be provided if available.

At intersections with right turn lanes, the bicycle lane shall continue adjacent to the through lane; between the through lane and the right turn lane, and shall be 5 feet in width for new construction and reconstruction projects. On RRR projects where the bicycle lane is required in accordance with Chapter 25, a 5-foot bicycle lane width should be provided (4- foot minimum).

Bicycle lanes shall be one-way facilities and carry bicycle traffic in the same direction as adjacent motor vehicle traffic. On one-way streets, bicycle lanes should generally be placed on the right side of the street. A bicycle lane on the left side of the street can be considered if it will substantially reduce the number of potential conflicts, such as those caused by frequent bus traffic, heavy right-turn movements, high-turnover parking lanes, or if there is a significant number of left-turning bicyclists.

8.4.2 Paved Shoulders

A paved shoulder is a portion of a roadway which has been delineated by edge line striping, but does not include special pavement markings or signing for the preferential use by bicyclists. Paved shoulders shall be 5 feet in width for new construction, reconstruction and RRR projects, however existing 4-foot paved shoulders on RRR projects may be retained.

A paved shoulder of at least 4 feet in width is considered to be a bicycle facility, however a minimum 5-foot clear width between the traveled way and the face of curb, guardrail or other roadside barrier is required.

Nathan asked:  Are you required to use a shoulder that is marked as a bike lane?

For example: http://maps.google.com/maps?hl=en&ll=29.68452,-82.228471&spn=0.008296,0.016512&gl=us&t=m&z=17&layer=c&cbll=29.684345,-82.228663&panoid=hnjR0kHKenOb_aRjkq9rSQ&cbp=12,248.86,,0,0.09

This is obviously a shoulder, yet a sign says BIKE LANE BEGINS. (Incidentally, there’s a share the road sign just before this.)  Does calling a shoulder a lane make it legally a lane?

Answer

Under some circumstances, cyclists are required to use “lanes marked for bicycle use”.  There are many exceptions.  See this post:

http://flbikelaw.org/2011/04/bike-lanes-2/

Note that the statute does not say “bicycle lane”, for which there is no statutory definition.

A “bicycle lane” is defined in Florida Department of Transportation documents as:

Bicycle Lane: A bicycle lane (bike lane) is a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping and special pavement markings* for the preferential use by bicyclists.

*Note the new definition which removes “signing.”

The Manual on Uniform Traffic Control Devices specifies the requirements for a proper “bicycle lane.”

Section 9C.04 Markings For Bicycle Lanes

Pavement markings designate that portion of the roadway for preferential use by bicyclists. Markings inform all road users of the restricted nature of the bicycle lane.

Roadway markings are mandatory, but “Bicycle Lane” signs are optional.

If the word, symbol, and/or arrow pavement markings shown in Figure 9C-3 are used, Bike Lane signs (see Section 9B.04) may also be used.

The paved shoulders you describe must have periodic pavement markings in addition to signs to be “a lane marked for bicycles” described in the statute above.

Audrey asked:  I commute about 11 miles (each way) to work and have been riding across a 6 mile long bridge for months now.  I’m a recent transplant from Chicago and have been a cyclist for over a decade.  A few weeks ago while riding at least 25 mph around a turn on the bridge (two lane bridge surrounded by the bay–55 mph speed limit), I saw a large sign at the last minute and crashed directly into it.  Broken collarbone, serious concussion.  It took up the entire shoulder and consisted of a wooden easel thing with two signs on both sides (weighted with sand bags, etc.).  The construction wasn’t for another 4-5 miles ahead (and wasn’t started yet).  Are they liable?

Answer

A bike lane is part of the roadway.  The paved shoulder is not part of the roadway if it is not marked as a bike lane.

s. 316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

Bicyclists may use the shoulder, but are not required to do so.  Questions about liability in a specific situation should be addressed to an attorney.  See this post and the imbedded link about the laws related to obstructions:

http://flbikelaw.org/2012/02/obstructions-in-bike-lane/

Ron also asked:  And to further the rights of a shoulder-traveling cyclist, a vehicle in the oncoming lane of a two-lane road should not overtake another vehicle in the oncoming lane if there is bicycle traffic in the opposite direction if that cycling traffic is in the zone required to effect the pass. Even if the cyclist is on the shoulder, correct?

I have encountered such a situation on a State Road, and it gives one cause for serious concern!

Answer

The law prohibits passing if a vehicle (bicycle) in the roadway is approaching from the opposite direction in a two-lane roadway, and the overtaking driver cannot return to the original lane in a timely manner.

FS 316.082 – Passing Vehicles Proceeding in Opposite Directions

(2) Upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible.

A bicycle on the paved shoulder is not in the main-traveled portion of the roadway.

FS 316.085 – Limitations on Overtaking, Passing, Changing Lanes and Changing Course

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless …. such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken.  …. in the event  the passing movement involves the use of a lane authorized for vehicles approaching in the opposite direction, before coming within 200 feet of any approaching vehicle.

The operative phrase is “use of the lane authorized for vehicles approaching from the opposite direction”.  The lane is part of the main-traveled portion of the roadway.  The shoulder is not.

Some might argue that the overtaking driver is “interfering with the operation of any vehicle approaching from the opposite direction”, but how far off the roadway would the bicyclist need to be to clearly not be “interfered with”?  How close to the centerline can a vehicle be when approaching another vehicle in the opposing lane?  There is no precise measured distance.

A driver may not overtake and pass another vehicle if a bicyclist is closely approaching from the opposite direction in the roadway, but may do so if the cyclist is not in the roadway.

Tim asked:  It’s clear that if a cyclist is on the roadway they must operate as a vehicle and obey all traffic control devices.  However, if a cyclist is traveling outside of the roadway, on a paved shoulder, is the cyclist required to come to a stop at a stop sign or red light when making a right turn?

Answer

Good question, Tim.   At first, I thought it was simple, but not after getting into it.

First the two applicable statutes:

FS 316.123 – Vehicle Entering Stop or Yield Intersection

(2)(a) …. every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop …. before entering the intersection.

FS 316.075 – Traffic Control Signals

(c) Steady red indication

(1) Vehicular traffic facing a steady red signal shall stop …. before entering the intersection and shall remain standing until a green indication is shown; however:

a.  The driver of a vehicle which is stopped …. in obedience to a steady red signal may make a right turn, but shall yield right-of-way to pedestrians and other traffic ….

The statutes refer to a driver entering or approaching an intersection, and do not indicate whether the vehicle is on the shoulder or in the roadway.

Both statutes give details about where the driver must stop, but they are not applicable to this question.  Both say the driver must stop before entering the intersection.

We need to define “intersection”.  I will use wording of the statute that gives us the most liberal interpretation of the definition.  Some may not agree, but considering that our paramount concern is always safety, I am most comfortable with that approach.

FS 316.003 – Definitions

(17) Intersection

(a) …. the area within which vehicles traveling on different highways …. may come into conflict.

Now we need to define “highway”.

(53) – Street or Highway

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic ….

To summarize, a bicyclist (driver of a vehicle) riding on the shoulder (entering or approaching an intersection) must stop at a stop sign or red light before entering the intersection.